Sunday, May 20, 2012

Court hands Johnny a big blow

Hey Crapper,

The First Dept of the New York State Court of Appeals crapped on John Liu. Essentially they said that Liu can not just make up a prevailing wage to help out his union supporters and so the prevailing wage for movers in the City may not be set by the Comptroller in this manner.

"We find that the Comptroller's use of Local 814's collective bargaining agreement as the sole basis for determining the prevailing wage schedule was arbitrary, capricious, and lacked a rational basis

and

"And, as noted earlier, no matter what statistical method is chosen - average, median or mode - the survey results reveal figures substantially lower than the wages chosen by the Comptroller.

By ignoring the data from his own survey and instead blindly adopting Local 814's rates, the Comptroller failed to comply with the statutory mandate to determine the wage "to be prevailing" (Labor Law § 230[6]), meaning the actual prevailing wage (see Matter of Action Elec. Contr. Co. v Goldin, 64 NY2d 213 [1984] [annulling Comptroller's prevailing wage determination because it was based on arbitrary and irrational interpretation of statute]).

The Comptroller's exclusive reliance on a labor union agreement that does not reflect wages that are actually prevailing was arbitrary and capricious.

and

"Where, as here, the union contract contains wage rates grossly disproportionate to the other data collected, the Comptroller cannot blindly use the 30% rule while ignoring the other data."

Spotted a piece of Queens Crap in your community?

Please note

Italicized passages and many of the photos come from other websites. The links to these websites are provided within the posts.

Why your neighborhood is full of Queens Crap

"The difference between dishonest and honest graft: for dishonest graft one worked solely for one's own interests, while for honest graft one pursued the interests of one's party, one's state, and one's personal interests all together." - George Washington Plunkitt

Sites that kick ass:

The above organizations are recognized by Queens Crap as being beneficial to the city as a whole, by fighting to preserve the history and character of our neighborhoods. They are not connected to this website and the opinions presented here do not necessarily represent the positions of these organizations.

The comments left by posters to this site do not necessarily represent the views of the blogger or webmaster.